What can be patented?

Any "new and useful procedure, machine, manufacturing, or composition of matter" is eligible for a patent. If such an innovation is unique, non-obvious, and beneficial, it may be protected by a utility patent. Patents are presumed to be valid in legal procedures, and they can be a significant source of revenue because the rights to use the invention can be licensed to competitors or held for competitive purposes. 


Why is it critical for the Medical Industry to safeguard their invention?

  • The medical industry has traditionally been an experience and understanding industry that necessitates huge investments. In comparison to other sectors of the economy, the time it takes for medical items to reach a positive conclusion is considerably prolonged.

  • As a result, it becomes critical for pharmaceutical businesses to seek patent rights in order to protect their ideas. Patents, for example, encourage inventors to innovate by protecting their research and development efforts and providing an incentive for them to do so.


Are there any specific requirements that need to be fulfilled before patent registration?

Due to legislative issues, the patentability of medical inventions has long been a point of contention, notably in India. Aside from the international patentability requirements which are,

  • novelty, 

  • inventive step, and

  • commercial applicability, the medical and related discoveries must pass the legal test, which has beenoutlined in Section 3 of the Patents Act, 1970, specifically Sections 3 (d), (e), and(f) (i). 

However, due to legislative obstacles, the patentability of pharmaceutical inventions has always been a source of heated discussion, notably in India. Aside from the international patentability requirements of novelty, inventive step, and commercial applicability, medical and related discoveries must pass through all the above mentioned legal requirements.

Processes alone cannot be patented, as stated in Section 3(i) of the Patents Act of 1970. Patents on medical equipment, on the other hand, are not exempted. As a result, based on the foregoing representations, they are patentable in India.


Are there any challenges faced under the Act?

Understanding the act without any expert guidance can be challenging as there are certain exemptions in the act, such as sections 3(d), 3(f), and 3(i), which potentially pose hurdles to medical device inventions, particularly the provision of section 3(d), which is evident in India.

Medical equipment prosecutions can be difficult due to the act's limitations.

This places a responsibility on the petitioner to analyse the aforementioned parts at an early stage, most likely during the formulation phase, in order to ensure the secure protection of medical devices.

Companies creating technological advancements in the field and filing patent claims in India, whether local or international, ought to be aware of such restrictions to facilitate a faster prosecution. So it is vital to seek experts legal help in this regard.


Usefulness of Patents in Medical Industry

  • A medical device patent allows a corporation to profit from its advanced designs by acting as an asset that can be traded or licenced for a defined price or royalty payment. A corporation that registers patents gives a positive impact on adversaries and gains a negotiating advantage in third-party discussions. 

  • Additionally, it is critical for a patent owner to register his or her inventions in order to profit from their creative items.

Validity of Patents in Medical Devices?

A utility patent in India has a life of 20 years from the earliest filing date of any nonprovisional patent application


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